Flight gets man four years

Nov. 7, 2006

By MARY AMES

Frontiersman

PALMER -A man who fled custody last year, sparked a week-long manhunt, changed state law and put his mother $100,000 in debt was sentenced to additional time Monday.

John Pearl Smith, 20, received another four years in prison for cutting his ankle monitor and fleeing his mother's custody shortly before he was scheduled to return to Mat-Su Pre-Trial Facility Oct. 14, 2005. Smith had pleaded no contest to a string of charges the day before his temporary release to attend his father's memorial service in the Butte. When Alaska State Troopers found him a week later, he was baby-sitting in a house off Fairview Loop and had a stolen handgun in his possession. Charges against Smith before he went on the lam included robbery, kidnapping, burglary and vehicle theft.

As part of an agreement between the state and Shelley Chaffin, Smith's appointed defense attorney, Smith would be sentenced to at least a year on the charge of violating his conditions of release, but no more than a total of four years, including his time for charges of second-degree theft of a firearm and first-degree burglary.

The state dropped charges of criminal mischief and a second count of theft, but argued that any time the court imposed on each count would be served consecutive to each other and to the 16-year sentence previously handed down to Smith.

&#8220The defendant never demonstrated a desire for anything but committing crime,” said Richard Payne, assistant district attorney.

&#8220I understand he is very young, but he is a very seasoned criminal who is quite efficient at what he does.”

While Smith has been in custody, he's had altercations with other inmates, Payne said.

&#8220With his long juvenile history, no one in the state can hold a candle to him,” Payne said. &#8220He's in a class by himself.”

Chaffin argued, because of his youth, Smith's sentence should run at the same time as his other sentences, or at least some of it should. Chaffin addressed the law passed by the last legislature restricting compassionate leave for prisoners, which was a reaction to Smith's release and flight.

&#8220The new law is a bad law,” Chaffin said. &#8220A lot of people are angry about it and it was the cause for the altercations.”

Chaffin said Smith had to be &#8220put in the hole for his own protection,” because of the law, and it was not true that he was a worst offender for his age group.

&#8220He's simply a burglar and a thief,” she said. &#8220There are lots of kids who are rapists and murderers.”

Payne agreed that for the most part, Smith stuck to burglaries. But Smith did tie up and terrorize a homeowner in September 2004. That man was unfortunate enough to see the violent side of Smith, Payne said. Payne described home burglaries as profoundly invasive.

&#8220Finding your home ravished is a deeply effecting event, very unsettling for years,” he said. &#8220It's not healthy for the defendant to hear the defense's statements.”

Superior Court Judge Beverly Cutler said she could spend a half hour talking to Smith.

&#8220But I remember trying when you were 13,” Judge Cutler said. &#8220You've been eight years before the court now. You should have ‘gotten it' by now.”

Cutler sentenced Smith to four years, making the sentence consecutive to his previous sentences in four other cases. Cutler said the new law wasn't all that bad, and had been worked on by a lot of knowledgeable people.

&#8220The laws have been tightened up because you breached a privilege in such a major way,” Cutler said to Smith. &#8220In this way, you improved society.”

Cutler said she would hold out hope that, before Smith is released from prison in his 30s or 40s, he would set a goal to make amends. She also mentioned what could happen if he didn't change his ways.

&#8220You need to think that people like you don't live through the jail experience,” she said.

&#8220You have a lot of time to do. And if you want to live to get out, you need to consider there are bad people in jail who won't tolerated your behavior.”

Contact Mary Ames at 352-2284 or mary.ames@frontiersman.com.